[Congressional Record Volume 145, Number 157 (Tuesday, November 9, 1999)]
[House]
[Pages H11720-H11722]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND CALIFORNIA

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1444) to authorize the Secretary of the Army to develop and 
implement projects for fish screens, fish passage devices, and other 
similar measures to mitigate adverse impacts associated with irrigation 
system water diversions by local governmental entities in the States of 
Oregon, Washington, Montana, and Idaho, as amended.
  The Clerk read as follows:

                               H.R. 1444

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. AQUATIC RESOURCES RESTORATION IN THE NORTHWEST AND 
                   IN CALIFORNIA.

       (a) In General.--In cooperation with other Federal 
     agencies, the Secretary of the Interior, acting through the 
     Director of the United States Fish and Wildlife Service and 
     in consultation with the Bureau of Reclamation, may develop 
     and implement projects for fish screens, fish passage 
     devices, and related features agreed to by non-Federal 
     interests, relevant Federal agencies, and affected States to 
     mitigate adverse impacts to fisheries resulting from the 
     construction and operation of water diversions by local 
     governmental entities in the States of Oregon, Washington, 
     Montana, Idaho, and California. Priority shall be given to 
     any project that has a total cost of less than $2,500,000.
       (b) Goals.--The goals of the program under subsection (a) 
     shall be--
       (1) to decrease the incidence of juvenile and adult fish 
     entering water supply systems; and
       (2) to decrease fish mortality associated with the 
     withdrawal of water for irrigation and other purposes without 
     impairing the continued withdrawal of water for that purpose.
       (c) Participation by Non-Federal Entities.--Non-Federal 
     participation in the program under subsection (a) shall be 
     voluntary. The Secretary shall take no action that would 
     result in any non-Federal entity being held financially 
     responsible for any action unless the entity applies to 
     participate in the program.
       (d) Evaluation and Prioritization of Projects.--Evaluation 
     and prioritization of projects for development and 
     implementation under this section shall be conducted on the 
     basis of--
       (1) assisting entities in their compliance with the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
       (2) cost effectiveness;
       (3) size of diversion;
       (4) availability of other funding sources; and
       (5) opportunity for biological benefit to be achieved with 
     improved conditions.
       (e) Requirements.--A fish screen, fish passage device, or 
     related feature shall not be eligible for funding under 
     subsection (a) unless--
       (1) it meets the requirements of the United States Fish and 
     Wildlife Service or the National Marine Fisheries Service, as 
     applicable, and any State requirements; and
       (2) it is agreed to by all interested Federal and non-
     Federal entities.
       (f) Cost Sharing.--
       (1) In general.--(A) Development and implementation of 
     projects under this section on lands owned by the United 
     States shall be at full Federal expense.
       (B) The non-Federal share of the cost of development and 
     implementation of any project under this section on lands 
     that are not owned by the United States shall be 35 percent.
       (2) In-kind contributions.--(A) For any project under this 
     section on lands that are not owned by the United States, the 
     non-Federal participants shall provide any lands, easements, 
     rights-of-way, dredged material disposal areas, and 
     relocations that are necessary for the project.
       (B) The value of lands, easements, rights-of-way, dredged 
     material disposal areas, and relocations provided under this 
     paragraph for a project shall be credited toward the non-
     Federal share of the costs of the project under paragraph 
     (1).
       (3) OMRR&R.--(A) The non-Federal interests shall be 
     responsible for all costs associated with operating, 
     maintaining, repairing, rehabilitating, and replacing all 
     projects carried out under this section on lands that are not 
     owned by the United States.
       (B) Costs associated with operating, maintaining, 
     repairing, rehabilitating, and replacing all projects carried 
     out under this section on lands owned by the United States 
     shall be a Federal expense.
       (g) Consultation and Use of Existing Data and Studies.--In 
     carrying out this section, the Secretary shall consult with 
     other Federal, State, and local agencies and make maximum use 
     of data and studies in existence on the date of enactment of 
     this Act.
       (h) Limitation on Eligibility for Funding.--No project 
     applicant pursuant to this section may obtain funds under 
     this section if they are also receiving funds from another 
     federally funded program for the same purpose.
       (i) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $25,000,000 for each of fiscal years 
     2001 through 2005.
       (2) Limitations.--(A) Not more than \1/3\ of the total 
     amount of funds appropriated under this section may be used 
     for projects in any single State.
       (B) Not more than 6 percent of the amount of funds 
     appropriated under this section for a fiscal year may be used 
     for administration of this section.
       (3) Interim report.--Upon the expiration of the 3d fiscal 
     year for which amounts are available to carry out this 
     section, the Secretary of the Interior shall report to the 
     Congress describing the accomplishments to date under this 
     section and the projects that will be completed with amounts 
     provided under this section for the 4th and 5th fiscal years 
     for which such amounts are available.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Saxton) and the gentleman from Oregon (Mr. DeFazio) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey (Mr. Saxton).


                             General Leave

  Mr. SAXTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days within which to revise and extend their remarks 
on H.R. 1444, and to include extraneous material.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1444, as amended by the Committee on Resources, 
will authorize the Secretary of Interior, working through the Fish and 
Wildlife Service and in consultation with the Bureau of Reclamation, to 
implement projects to construct fish screens, fish passage devices and 
other related measures to mitigate the effects of water diversions 
caused by irrigation systems.
  The bill was introduced by my good friend, the gentleman from Oregon 
(Mr. DeFazio) and the gentleman from Oregon (Mr. Walden), both of whom 
are going to speak and explain the legislation. But I would like to 
commend them both for the hard work that they have put into this 
effort. Without them, surely the bill would not be here on the floor 
today.
  Mr. Speaker, State and Federal law currently require the installation 
of fish screens on many irrigation diversions for agriculture to 
protect migrating juvenile salmon. While the Federal and State agencies 
responsible for managing the Columbia River system have worked 
diligently to install fish screens and fish passage devices, more work 
is urgently needed.
  H.R. 1444 would allow State and Federal agencies to continue 
installing fish screens and fish passage devices. Furthermore, the 
Secretary will be required to consult with other Federal, State, and 
local agencies to make maximum use of data and studies in existence on 
the date of enactment of this act.
  I believe this bill will help protect the salmon resources of the 
Pacific Northwest while allowing the agriculture industry to continue 
its operations. This is a noncontroversial bill and I hope everyone 
will support it.
  Mr. Speaker, before I reserve the balance of my time, let me just 
make note that Marcia Stewart, who is here with us today, legislative 
assistant to the chief counsel, has done yeoman's work on this bill and 
has been a great help to all of us over the last several years since 
she has been with us. She came to us 6 years ago in 1993, and has been 
extremely successful. As a matter of fact,

[[Page H11721]]

the last bill that she staffed for us here on the floor passed 412 to 
0. So, Mr. Speaker, we are pleased that she has been with us and such a 
productive member of our staff and we will certainly miss her.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, this bill does have strong bipartisan support in both 
the House and the Senate. And shortly, we will hear from the gentleman 
from Oregon (Mr. Walden), my colleague. He and I are the original 
cosponsors of this legislation in the House.
  H.R. 1444 would set up a fish screen construction program for 
irrigation projects in Idaho, Washington, Montana, Oregon, and 
California.
  This is a bill that is good news for salmon, other fish species which 
are on the verge of being endangered or threatened, and good news for 
local economies, for farmers, and good news for the Federal taxpayers.
  It requires a local match share of 35 percent. But with the Federal 
Government investing these funds in the fish screens, ultimately we may 
avoid the endangerment of numerous species of fish and help promote the 
recovery of salmon. Today, many of these irrigation diversions are 
unscreened and salmon smolts do not do too well when they are pulled 
out of the main stem of the Columbia or one of its tributaries and 
deposited into an irrigation ditch or an irrigation project which does 
not return directly to the river or the tributary.
  Mr. Speaker, this simple step will prevent that in the future. We 
should be screening all the diversions on fish-bearing rivers in the 
Northwest and into California because we are investing hundreds of 
millions, ultimately billions of dollars elsewhere to help recover 
these species. But for the lack of a few dollars being spent at each of 
these diversions on both Federal lands and private lands, many of those 
dollars are not being spent as effectively as they could.
  So, this legislation is a win/win for both the fish and the farmers 
and the taxpayers, and I recommend it to my colleagues.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SAXTON. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Hood River, Oregon (Mr. Walden).
  Mr. WALDEN of Oregon. Mr. Speaker, it is sure nice to stand here 
today and recognize that we have built a partnership that will actually 
get things done, and I want to commend the gentleman from Oregon (Mr. 
DeFazio), my colleague, for his work on this legislation and thank him 
for his involvement in this.
  Mr. Speaker, I rise in support of H.R. 1444, a bill that will help 
protect the threatened and endangered salmon stocks on the West Coast 
while assisting the farmers who are voluntarily seeking measures to 
protect these stocks, albeit at great financial cost.
  Under H.R. 1444, the United States Fish and Wildlife Service and the 
Bureau of Reclamation would be allowed to develop and implement 
projects for fish screens, fish passage devices, and other facilities 
in the States of Oregon, Washington, Montana, Idaho and California. 
These fish screens would prevent juvenile and adult salmon from passing 
through irrigation diversions and gaining access to ditches and water 
intake devices.
  Mr. Speaker, presently, irrigation districts throughout the West are 
being mandated to comply with the Endangered Species Act. In order to 
comply with the ESA and other regulations, irrigation districts are 
required to construct these sophisticated devices to prevent salmon and 
other fish from gaining access to their ditches. The construction of 
these devices come at great expense to the farmers, without any return 
on their capital costs.
  Under H.R. 1444, farmers would be allowed to enter into voluntary 
agreements with the U.S. Fish and Wildlife Service or the Bureau of 
Reclamation to share the costs of construction of these fish screen 
devices. Privately held lands and irrigation districts would have to 
put up 35 percent of the cost with the government paying the remainder.
  The farmers in my district, including those belonging to the Lower 
Valley Ditch District in Wallowa County and Talent Irrigation District 
in Jackson County say this is exactly the type of assistance they need 
to help them be able to protect these salmon and other fish in the 
rivers and streams.
  They are not looking for a way to avoid ESA; they are merely looking 
for an affordable way to provide the systems to help prevent the loss 
of fish.
  This cost-share program gives our farmers in the West some assistance 
in building these environmentally friendly fish screening devices, 
while simultaneously easing the burden of taking affirmative, proactive 
actions. It is a win/win proposal for the fish and the farmers.
  Mr. Speaker, I strongly support passage of H.R. 1444, the DeFazio-
Walden fish screen bill.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from Oregon (Mr. Walden) for his 
assistance in drafting and moving this bill through the House. As he 
pointed out, the need is great. In fact, numbers I have seen estimate 
that we could spend more than twice the amount of money allocated for 
these five states in Oregon alone to take care of this problem. So this 
is not an ultimate solution, but it is a down payment and something 
that will help us move along in protecting these fish in the Pacific 
Northwest and in northern California.
  Mr. Speaker, I yield such time as he may consume to the gentleman 
from California (Mr. Thompson).
  Mr. THOMPSON of California. Mr. Speaker, I thank the gentleman from 
Oregon (Mr. DeFazio) for yielding me this time. He has been on the 
forefront leading this effort to help the salmon fisheries throughout 
the entire Pacific Northwest, and for that I am greatly appreciative.
  Mr. Speaker, virtually every salmon stock in northern California has 
been added to the endangered species list. State and Federal 
regulations have cut fishing effort to an all-time low and this has had 
a devastating impact on the area that I represent in California, not 
just for the sport and the commercial fisheries, but for virtually 
every industry or every community of interest that has to operate in 
that part of these great United States.
  Mr. Speaker, we need to do everything that we possibly can to help 
bring back the salmon stocks in the Pacific Northwest, and my district 
is no different. This is one very important step to be able to provide 
help for screening in regard to water diversions. It is going to help a 
great deal. It is not only going to help the coastal area that I 
represent, but the inland area as well.
  Mr. Speaker, I would like to commend the gentleman from Oregon (Mr. 
DeFazio) and ask all of my colleagues to vote in support of this 
measure.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I thank the gentleman from California (Mr. Thompson). He 
has been a real force in helping to move this legislation forward, and 
particularly in making certain that his State and his district are 
included within the scope of the legislation. Without his perseverance, 
that would not have happened.
  Mr. Speaker, at this time I would like to thank a few staff who 
helped with the issue. Although this would seem kind of like a no-
brainer since it is good for fish, the farmers, the economy and the 
Federal taxpayers, it was not easy working with the numerous agencies 
of jurisdiction and potential jurisdiction, and it took a while to wend 
our way through this maze. So Cynthia Suchman, Ben Grumbles, Bob Faber, 
Steve Lanich, and Kathie Eastman of my staff were all key with helping 
move this bill forward.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SAXTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New Jersey (Mr. Saxton) that the House suspend the rules 
and pass the bill, H.R. 1444, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill to 
authorize the Secretary of the Interior to plan, design,

[[Page H11722]]

and construct fish screens, fish passage devices, and related features 
to mitigate adverse impacts associated with irrigation system water 
diversions by local governmental entities in the States of Oregon, 
Washington, Montana, Idaho, and California.''.
  A motion to reconsider was laid on the table.

                          ____________________